ФАКТИЧКА ЕКСПРОПРИЈАЦИЈА
FACTUAL EXPROPRIATION

Summary/Abstract: Expropriation is an institute which has a role to limit or revoke the right of ownership of a natural or legal person on real estate but with appropriate compensation and where the procedure, conditions and amount of compensation are determined by law. This institute was created to make balance between the protection of subjective rights and the general interest. It is clear that no state, from the time of ancient Rome until today, can develop without the construction of facilities of public importance (hospitals, schools, power plants, etc.) and without performing infrastructure works so this is why the state or public authority must react by encroaching on the property rights of natural and legal persons, but only in a strictly prescribed procedure. Everything else leads to the violation of property rights guaranteed by the constitution and the laws of all modern states. There are cases of construction of buildings of public interest, or of the performance of other works of public interest, which result in a complete or partial withdrawal of the property title of natural persons or legal entities, although there is no decision on withdrawal, i.e. decision establishing the public interest and the decision on expropriation. Legal theory and legal practice subsume such cases under the concept of factual depossession, i.e. so-called factual expropriation, which is distinguished from the concept of formal expropriation by the absence of some of the essential elements of the legally established expropriation process.

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